• NHSE seeking legal advice about clawing back £28m of overpayments to GPs
  • Source says action to reclaim historic payments would be “particularly galling”

NHS England is seeking legal advice on whether it can claw back £28m of “overpayments” that were made to GPs.

In its annual report for 2020-21, which was published yesterday, NHSE said the issue related to “GP seniority payments” made prior to 2015, which were based on individuals’ years of NHS service and annual estimated income.

It added: “There was inconsistency in the approach to adjustments across the regions, meaning that reconciliation exercises and payment adjustments may not have routinely been undertaken by all areas.

“This resulted in GPs receiving payments not aligned to entitlement….

“NHS England’s service management team is currently seeking legal advice to determine the appropriate actions to take, in order to ensure recovery of the overpaid sums.

“The main issues being considered are; how to recover the overpaid sums from GPs when the payments were made to the GP practices; application of The Limitation Act in relation to the payments made long ago; and the assessment of whether the GPs are still in service in order to enable recovery.”

Any GP provider with at least two years of service was eligible for seniority payments, but, in 2015, it was agreed these payments would cease in 2020.

One source within a local medical committee, who asked to remain anonymous, said any attempt to get funding back “isn’t going to be popular given the long-standing underfunding of general practice as a whole, and the fact many practices have covered additional pandemic expenses out of their own pockets”.

They said the errors were identified by outsourcing firm Capita when it took over a major contract for primary care support services in 2015, which has suffered from multiple problems and criticism from GPs.

The local source said GP practices would find it “particularly galling” to have to repay sums as a result of Capita’s payroll system identifying the historic problems.

NHSE added in the report: “This consultation process remains ongoing with the legal team.”